Symbol of Love LLC filed a UDRP against the aged domain, SymbolOfLove.com and despite the Respondent’s lack of response, lost the case.
Registered in 2000, SymbolOfLove.com was never owned by the Complainant, whose trademark for SYMBOL OF LOVE, the basis of filing this UDRP, was granted in 1997. That trademark lapsed in 2007, after the Complainant failed to renew it.
In 2005 the Complainant refiled for registration of the trademark which then issued with a December 16, 2008 date.
According to the UDRP, the Complainant approached respondent to purchase the domain name SymbolOfLove.com.
The Respondent initially asked for $10,000 dollars and Complainant counter-offered $600 dollars; their subsequent offer of $2,000 was rejected. The Respondent sought $68,800 dollars, indicating another party was also interested.
Debrett G. Lyons, Panelist at the National Arbitration Forum, stated the following:
“The implication made by the Respondent’s name that the domain name is for sale is not, of itself, proof of bad faith.
Nor is the evidence that Respondent asked a substantial amount for the domain name, without more, proof of bad faith use.
Complainant has not raised an argument of “passive holding” nor, indeed, provided the factual support for such an argument to succeed were it argued. The trademark is not well known. There is no claim to a common law reputation in the trademark. There is no evidence of ongoing continuous use of the trademark. The dates of first use in commerce claimed by the 1997 Registration and the 2008 Registration are inconsistent and in the latter case postdate the registration date of the domain name. Panel finds that there is no evidence of use in bad faith.”
Let’s bold this phrase by the Panelist:
The implication made by the Respondent’s name that the domain name is for sale is not, of itself, proof of bad faith. Nor is the evidence that Respondent asked a substantial amount for the domain name, without more, proof of bad faith use.
For the full text of this UDRP on SymbolOfLove.com click here.
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